A 19-year-old schoolboy has been sentenced to life imprisonment after a Lamu court convicted him of defiling a nine-year-old boy at a primary school.
Principal Magistrate Peter Wasike found Ali Hussein Kutu guilty of defilement under Section 8(1), read together with Section 8(2) of the Sexual Offences Act, following a trial in which the prosecution presented five witnesses.
The prosecution, led by Principal Prosecution Counsel Derrick Wawire, told the court that the offence occurred on October 3, 2025, at A Primary School in Langoni Location, Lamu Central Sub-County. Evidence presented during the trial included the child’s testimony and medical findings indicating injuries to the anal region and a loose anal sphincter.
The magistrate ruled that the prosecution had established the essential elements of the offence, including the victim’s age, the commission of the act and the identity of the perpetrator, beyond reasonable doubt. Kutu denied the charges, claiming he had been framed. However, the court dismissed his defence, finding no apparent reason for the child to falsely implicate him.
In his ruling, Magistrate Wasike said the court fully believed the minor’s testimony and rejected the accused’s defence as a mere denial.
During sentencing, Wawire urged the court to impose a deterrent penalty, drawing attention to the lasting psychological effects of the abuse on the child. A victim impact statement and pre-sentence report presented to the court indicated that the minor had experienced trauma and recurring nightmares following the incident. The child was subsequently transferred to another school for safety reasons.
Although Kutu was a first-time offender and had a positive school record, the court ruled that these factors could not override the mandatory sentence provided by law for defilement involving a child aged 11 years or younger. Kutu had remained in custody since October 15, 2025. The court granted him 14 days to appeal the conviction and sentence.
